Terms of Use
Effective date: 16 March 2023
This agreement (referred to as the “Agreement” or “Terms”) outlines the legally binding terms governing your use of the mmjcardonline.com (“Website”) and services available on Website (“Services”). The Website and Services are provided to you by mmjcardonline.com (“we”, “us”, “our”) By accessing or using the Services, you agree to be bound by this Agreement and represent and warrant that you have the necessary right, authority, and capacity to enter into this Agreement. If you lack the capacity to enter into this Agreement or do not agree with all the provisions of this Agreement, you may not access or use the Services.
Please read these Terms carefully as they include an agreement to arbitrate and other essential information related to your legal rights, obligations, and remedies. The arbitration agreement mandates that you submit any claims you have against us to binding and final arbitration, with limited exceptions. Moreover, you can only pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
By accessing the Website, you agree to be bound by these legally binding Terms. When you access or use our Services, or indicate your acceptance of our Terms and Privacy Policy by checking a box or clicking a button, you are indicating that you have read, understood, and agreed to be bound by these Terms. You acknowledge that you have read and understood our Privacy Policy, which constitutes a part of this Terms and may be updated periodically.
By accepting these Terms, you represent and warrant that you have the right, authority, and capacity to do so. If you are unable to form a binding contract with us or otherwise lack the capacity to agree to these Terms, you may not access the Website or use the Services. If you do not agree with all provisions of these Terms, do not access the Website and/or use the Services.
Changes to Terms. These Terms are subject to occasional revision. Changes will be effective upon publication immediately for users of our Website or Services. Continued access, visitation or use of our Website or Services shall indicate your acknowledgment of such changes and agreement to be bound by such changes.
ELIGIBILITY
When you use our Services, you declare and ensure that: (a) you are of legal age, which is at least 21 years old; (b) you have no prior convictions for felonies or sexual offenses that require registration as a sex offender with any government entity; (c) you have not been previously suspended or removed from the Services; (d) you have the capacity, authority, and legal right to enter into and comply with the terms of this Agreement; (e) you are not a resident of, under the control of, or a national of any country that the United States has sanctioned, identified as a “Specially Designated National,” or listed on the U.S. Commerce Department’s Table of Deny Orders.
The Website and Services are meant for your personal use and not for commercial purposes.
COMMUNICATIONS.
Email. You agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
THIRD PARTY INTERACTIONS
While using the Website or Service, you may be redirected to third party websites where you may purchase goods and/or services from third-party service providers. We are not a party to any transaction you may have with a third-party, and any such activity, along with any terms, conditions, warranties, or representations associated with it, is solely between you and the applicable third-party. We are not liable, obligated, or responsible for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You are responsible for taking reasonable precautions in all actions and interactions with any third-party.
The Site or Services may provide or include third-party content, products, services, or materials (collectively referred to as “Third Party Materials”), including data, information, articles, applications, links to third-party websites, services, and advertisements for products and Deals (defined below). Please note that we are not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third Party Materials. As a user, you acknowledge and agree that we have no liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links are provided for your convenience, and you access and use them at your own risk. Please note that when you access a Third Party Material, the applicable third party’s terms and policies, including their privacy and data gathering practices, will apply. We recommend that you perform any investigation you feel is necessary or appropriate before engaging in any transaction related to Third Party Materials.
LIABILITY
To the maximum extent allowed by applicable law, we (and our suppliers) are not liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, that arise from or relate to your use of the Website, Services, or this Agreement, even if we have been informed of the possibility of such damages. You are solely responsible for any damage to your computer system or loss of data resulting from your access to and use of the site and services. Our (and our suppliers’) liability to you for any damages arising from or related to this Agreement, for any cause whatsoever and regardless of the form of the action, will be limited to the greater of fifty US dollars ($50). This limit will not be increased by the existence of more than one claim.
In certain jurisdictions, limitations or exclusions of liability for incidental or consequential damages may not be permitted by law. Therefore, to the fullest extent allowed by applicable law, the above limitations or exclusions will apply to you and you may also have different legal rights that vary depending on your jurisdiction.
IMPORTANT DISCLAIMERS.
Please note that we do not offer medical advice. The information accessed on the Website is intended solely for informational and educational purposes. It is not intended to replace medical advice, diagnosis, or treatment, nor does it cover all possible uses, directions, precautions, or adverse effects. Therefore, the information should not be used for the diagnosis or treatment of any medical condition. This information includes third-party materials, user-generated content, and content generated by us derived from user-generated content (such as strain highlights, attributes, and other data). If you have any questions about a medical condition, always consult your doctor or another qualified healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read on our Website or on our social media pages or channels.
The information and content available on our Website are solely for informational purposes. We do not endorse and cannot guarantee the accuracy or reliability of any opinion, advice, statement, or other information made on our Website. We are not responsible for your interactions with any dispensary, retail location, healthcare provider, third-party links to which may be available on our Website. We are not obliged to screen dispensaries, retail locations, healthcare providers, or their menus, content, or deals to verify their qualification or authorization to provide their services, or to ensure the accuracy of the information they provide.
The Website and Services are provided on an “as-is” and “as-available” basis, and we and our suppliers explicitly disclaim any warranties and conditions of any kind, whether expressed or implied, to the fullest extent permitted by applicable law, including but not limited to the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Website or Services: (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. It is important to note that some jurisdictions do not allow the exclusion of implied warranties, so the exclusion stated above may not apply to you.
COPYRIGHT CLAIMS
We value the intellectual property rights of others and expect our Website and Services users to do the same. We have established a copyright policy for our Website and Services, which allows us to remove any infringing materials and terminate the accounts of repeat infringers of intellectual property rights, including copyrights. If you suspect that a user of our Website and Services is unlawfully infringing on copyright(s) and would like to request the removal of the allegedly infringing material, please contact us at support@mmjcardonline.com by sending a formal DMCA notice.
GENERAL
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or Services.
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court in Delaware, all disputes between you and us arising out of, relating to or in connection with the Website or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if we makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to us. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Delaware. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of Delaware, without regard to conflict of law provisions.
Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@mmjcardonline.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified below.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the respective change and update made in our Arbitration Agreement. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Copyright/Trademark Information. Copyright © 2023, mmjcardonline.com. All rights reserved. mmjcardonline.com designs (collectively, the “Marks”) and any other trade name or slogan contained in the Services are trademarks or service marks are trademarks of mmjcardonline.com. You acknowledge and agree that you are not permitted to use mmjcardonline.com or any third party marks displayed on our site without prior written consent from, respectively, mmjcardonline.com, or the owners of such third-party marks.
Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by us of any right or power hereunder preclude further exercise of that or any other right hereunder.
CONTACT US
If you have any questions regarding Website or Services please contact us at support@mmjcardonline.com